The Parallel Prosecution Matrix
Hale and Dorr has published this insightful article in Chief Legal Executive about the growing reality of parallel criminal and SEC prosecutions into securities-related matters. The article also takes a step back to discuss "The Still Bigger Picture," which includes a host of other critical concerns that companies must consider beyond even the parallel investigations. These include related securities class actions, state Attorney General investigations, battles with insurance companies over the extent to which a company's D&O insurance provides coverage, and waiver issues that may arise when a company attempts to cooperate with the SEC by producing details of internal investigations.
Companies in the center of such a perfect storm must anticipate from the outset that actions taken on one flank will likely have immediate and real implications on another flank.
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